The Research On The Relative Issues Of The Lessee's Preemptive Right

This paper chooses the housing tenant first right of refusal as the research object,starting with discussing the abolition of this right and then proving the necessity of the existence of this theory system.The article further discusses the establishment of the right,analyses the nature of the right,the object scope,explores the effectiveness of this right,especially discusses the enforcement of the tenant which only reside in only one part or some parts of the house,not the whole house.At last,this article concludes the issue of the relief of the lessee's preemptive right of purchase.In my view,although there have been the"not breaking the sale of lease system”,protecting the housing tenant is still very necessary,but given its preemptive right.Rental Housing Lessee preemption comes into being since the establishment of housing lease,the lessor and the third people setting up a contract for the sale of housing is only the exercise of the right conditions.In the aspect of the nature of this right,perhaps we should regard the right as right of formation and the right of the claim according to the different stages of the exercise of rights.The setting up of the preemptive right of the lessee in a certain extent constitutes the restriction on the lessor disposition.In addition,the system is designed to protect the lessee's basic right,therefore in non residential leasing(including commercial leasing)occasions,we should respect the autonomy of the parties,permit ting the lessor to measure according to their own interests,and dispose of the subject freely.In the aspect of the effectiveness of housing rights,The registration state of the housing lease priority right in fact affects the effectiveness of the right.The right of preemption which has the effect of property right can resist against the third person,In the condition of the lessor and the third party transferring the ownership of house,the tenant can still obtain the ownership of the house.While the right of the preemption only has the creditor effect,the effectiveness of preemption occurs only between the lessor and the lessee.The third people can still obtain housing ownership.In this condition,the tenant can only ask the lessor to bear the corresponding liability.In the exercise of the preemptive right of the lessee,whether in the case of the lessor to fulfill the obligation of notification,or in the case of the lessor's failure to fulfill the obligation of notification,the exercise period of the right shall both be prescribed.The specific period of time,referring to the relevant provisions of the judicial interpretation of the property law,we should set it as fifteen days which is appropriate.However,in the above two cases,the starting point of the period is slightly different.In the condition of notifying the tenant,the starting point of the rights should be calculated from the day which the lessor perform the duty.While the lessor does not perform the obligation of notification,the starting point for the rights calculates form the day which the lessee knows housing sales contracts and the contents.In addition,under the condition that the lessor fails to fulfill the obligation of notification,it is necessary to consider the maximum duration of the lessee's preemptive rightWith the lessee housing situation becoming more and more popular,In practice,We should also regulate the people who reside in a flat-share house.Where the lessee only buys the single part of the house,because he can not get the registration of the ownership on the part of the house,so it can not meet the needs of the tenant.But it should be admitted that the lessee enjoys the right of preemption of the whole house.Although the lessee only rents part of the house,in such a case,when we interpret the exercise of this right,we should expand the scope.When the tenant rents more than 50% of all house,we should allow the tenant to exercise the right for the whole building.With regard to the relief of the preemptive right,When the preemptive right of the lessee has only the effectiveness of claim,whether the lessor fails to perform the obligation of notification or perform the obligation of notification but fail to fulfill the obligations of the lessor selling behavior,should the lessee bear the corresponding liability.When the lessor fails to perform the obligation of notification,for the lessor and the lessee fails to form a rental housing contract,the lessor intentionally let the lessee to fail to give priority to purchase the House Lessee,and then causes thee loss of priority to purchase housing opportunities,and the loss brought about shall be borne by the lessor.Under the condition that the lessor fails to perform the obligation of notification,since there have been no contract for the sale of housing between the lessor and lessee,and the lessor intentionally let the lessee to fail to give priority to the purchase of the house,the loss caused by that shall be borne by the lessor.When the lessor has performed the obligation of notification,but still sells the house,if the lessee has expressed the willingness to buy the house and has reached a contract for the sale of housing,the lessor should be required to bear the liability for breach of contract.